Oklahoma § 68-1353 - See the following versions:

§ 68-1353. See the following versions:

OS 68-1353v1 (HB 3037, Laws 2022, c. 240, § 1).

OS 68-1353v2 (SB 1399, Laws 2024, c. 441, § 4).

§68-1353v1. Purpose of article - Apportionment of revenues.

A. It is hereby declared to be the purpose of the Oklahoma

Sales Tax Code to provide funds for the financing of the program

provided for by the Oklahoma Social Security Act and to provide

revenues for the support of the functions of the state government of

Oklahoma, and for this purpose it is hereby expressly provided that,

revenues derived pursuant to the provisions of the Oklahoma Sales

Tax Code, subject to the apportionment requirements for the Oklahoma

Tax Commission and Office of Management and Enterprise Services

Joint Computer Enhancement Fund provided by Section 265 of this

title, shall be apportioned as follows:

1. Except as provided in subsections C, D, and E of this

section, the following amounts shall be paid to the State Treasurer

Oklahoma Statutes - Title 68. Revenue and Taxation

to be placed to the credit of the General Revenue Fund to be paid

out pursuant to direct appropriation by the Legislature:

Fiscal Year

Amount

FY 2003 and FY 2004

86.04%

FY 2005

85.83%

FY 2006

85.54%

FY 2007

85.04%

FY 2008 through FY 2022

83.61%

FY 2023 through FY 2027

83.36%

FY 2028 and each fiscal year thereafter

83.61%;

2. The following amounts shall be paid to the State Treasurer

to be placed to the credit of the Education Reform Revolving Fund of

the State Department of Education:

a.

for FY 2003, FY 2004 and FY 2005, ten and forty-two

one-hundredths percent (10.42%),

b.

for FY 2006 through FY 2020, ten and forty-six onehundredths percent (10.46%),

c.

for FY 2021:

(1) for the month beginning July 1, 2020, through the

month ending August 31, 2020, ten and forty-six

one-hundredths percent (10.46%), and

(2) for the month beginning September 1, 2020,

through the month ending June 30, 2021, eleven

and ninety-six one-hundredths percent (11.96%),

d.

for FY 2022 and each fiscal year thereafter, ten and

forty-six one-hundredths percent (10.46%);

3. The following amounts shall be paid to the State Treasurer

to be placed to the credit of the Teachers' Retirement System

Dedicated Revenue Revolving Fund:

Fiscal Year

Amount

FY 2003 and FY 2004

3.54%

FY 2005

3.75%

FY 2006

4.0%

FY 2007

4.5%

FY 2008 through FY 2020

5.0%

FY 2021:

a.

for the month beginning July

1, 2020, through the month

ending August 31, 2020

5.0%

b.

for the month beginning

September 1, 2020, through

the month ending June 30,

2021

3.5%

FY 2022

5.0%

FY 2023 through FY 2027

5.25%

FY 2028 and each fiscal year thereafter

5.0%;

Oklahoma Statutes - Title 68. Revenue and Taxation

4.

a.

except as otherwise provided in subparagraph b of this

paragraph, for the fiscal year beginning July 1, 2015,

and for each fiscal year thereafter, eighty-seven onehundredths percent (0.87%) shall be paid to the State

Treasurer to be further apportioned as follows:

(1) thirty-six percent (36%) shall be placed to the

credit of the Oklahoma Tourism Promotion

Revolving Fund, but in no event shall such

apportionment exceed Five Million Dollars

($5,000,000.00) in any fiscal year, and

(2) sixty-four percent (64%) shall be placed to the

credit of the Oklahoma Tourism Capital

Improvement Revolving Fund, but in no event shall

such apportionment exceed Nine Million Dollars

($9,000,000.00) in any fiscal year, and

b.

any amounts which exceed the limitations of

subparagraph a of this paragraph shall be placed to

the credit of the General Revenue Fund; and

5. For the fiscal year beginning July 1, 2015, and for each

fiscal year thereafter, six one-hundredths percent (0.06%) shall be

placed to the credit of the Oklahoma Historical Society Capital

Improvement and Operations Revolving Fund, but in no event shall

such apportionment exceed the total amount apportioned pursuant to

this paragraph for the fiscal year ending on June 30, 2015. Any

amounts which exceed the limitations of this paragraph shall be

placed to the credit of the General Revenue Fund.

B. Provided, for the fiscal year beginning July 1, 2007, and

every fiscal year thereafter, an amount of revenue shall be

apportioned to each municipality or county which levies a sales tax

subject to the provisions of Section 1357.10 of this title and

subsection F of Section 2701 of this title equal to the amount of

sales tax revenue of such municipality or county exempted by the

provisions of Section 1357.10 of this title and subsection F of

Section 2701 of this title. The Oklahoma Tax Commission shall

promulgate and adopt rules necessary to implement the provisions of

this subsection.

C. From the monies that would otherwise be apportioned to the

General Revenue Fund pursuant to subsection A of this section, there

shall be apportioned the following amounts:

1. For the month ending August 31, 2019:

a.

Nine Million Six Hundred Thousand Dollars

($9,600,000.00) to the credit of the State Highway

Construction and Maintenance Fund created in Section

1501 of Title 69 of the Oklahoma Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

Oklahoma Statutes - Title 68. Revenue and Taxation

created in Section 309 of Title 66 of the Oklahoma

Statutes;

2. For the month ending September 30, 2019:

a.

Twenty Million Dollars ($20,000,000.00) to the credit

of the State Highway Construction and Maintenance Fund

created in Section 1501 of Title 69 of the Oklahoma

Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

created in Section 309 of Title 66 of the Oklahoma

Statutes;

3. For the month ending October 31, 2019:

a.

Twenty Million Dollars ($20,000,000.00) to the credit

of the State Highway Construction and Maintenance Fund

created in Section 1501 of Title 69 of the Oklahoma

Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

created in Section 309 of Title 66 of the Oklahoma

Statutes;

4. For the month ending November 30, 2019:

a.

Twenty Million Dollars ($20,000,000.00) to the credit

of the State Highway Construction and Maintenance Fund

created in Section 1501 of Title 69 of the Oklahoma

Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

created in Section 309 of Title 66 of the Oklahoma

Statutes; and

5. For the month ending December 31, 2019:

a.

Twenty Million Dollars ($20,000,000.00) to the credit

of the State Highway Construction and Maintenance Fund

created in Section 1501 of Title 69 of the Oklahoma

Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

created in Section 309 of Title 66 of the Oklahoma

Statutes.

D. For fiscal year 2023, and each subsequent fiscal year,

before any other apportionment otherwise required by this section is

made to the General Revenue Fund, there shall be apportioned to the

State Public Common School Building Equalization Fund an amount, if

any, as required pursuant to Section 3-104 of Title 70 of the

Oklahoma Statutes, not to exceed the state sales tax generated by

medical marijuana sales in the preceding fiscal year as reported by

the Oklahoma Tax Commission.

Oklahoma Statutes - Title 68. Revenue and Taxation

E. For the fiscal year ending June 30, 2023, and for each

fiscal year thereafter, after the apportionment required by

subsection D of this section, but before any other apportionment to

the General Revenue Fund is made, there shall be apportioned to the

Municipal Road Drilling Activity Revolving Fund created pursuant to

Section 2 of this act the amount of Five Million Dollars

($5,000,000.00) for use by municipalities to repair roads as

prescribed pursuant to the requirements of Section 2 of this act.

Added by Laws 1981, c. 313, § 2, emerg. eff. June 29, 1981. Amended

by Laws 1982, c. 244, § 1; Laws 1983, c. 183, § 3, emerg. eff. June

9, 1983; Laws 1984, c. 2, § 1, emerg. eff. Feb. 15, 1984; Laws 1985,

c. 179, § 85, operative July 1, 1985; Laws 1987, c. 5, § 142,

operative March 31, 1987; Laws 1996, c. 269, § 3, eff. June 1, 1996;

Laws 1999, c. 254, § 8, eff. June 30, 1999; Laws 2002, c. 482, § 1,

eff. July 1, 2002; Laws 2003, c. 3, § 58, emerg. eff. March 19,

2003; Laws 2005, c. 479, § 11, eff. July 1, 2005; Laws 2006, 2nd Ex.

Sess., c. 44, § 17, eff. July 1, 2007; Laws 2007, c. 105, § 3, eff.

Nov. 1, 2007; Laws 2007, c. 366, § 3, eff. Nov. 1, 2007; Laws 2008,

c. 3, § 34, emerg. eff. Feb. 28, 2008; Laws 2008, c. 278, § 8, eff.

July 1, 2008; Laws 2010, c. 466, § 1, eff. July 1, 2010; Laws 2012,

c. 304, § 540; Laws 2015, c. 349, § 1, eff. July 1, 2015; Laws 2018,

c. 303, § 1, emerg. eff. May 10, 2018; Laws 2019, c. 446, § 1,

emerg. eff. May 24, 2019; Laws 2020, c. 15, § 1, eff. Sept. 1, 2020;

Laws 2021, c. 490, § 1, eff. July 1, 2021; Laws 2021, c. 563, § 3,

emerg. eff. May 28, 2021; Laws 2022, c. 240, § 1, eff. July 1, 2022.

NOTE: Laws 2002, c. 458, § 6 repealed by Laws 2003, c. 3, § 59,

emerg. eff. March 19, 2003. Laws 2007, c. 136, § 2 repealed by Laws

2008, c. 3, § 35, emerg. eff. Feb. 28, 2008.

§68-1353v2. Purpose of article - Apportionment of revenues.

A. It is hereby declared to be the purpose of the Oklahoma

Sales Tax Code to provide funds for the financing of the program

provided for by the Oklahoma Social Security Act and to provide

revenues for the support of the functions of the state government of

Oklahoma, and for this purpose it is hereby expressly provided that,

revenues derived pursuant to the provisions of the Oklahoma Sales

Tax Code, subject to the apportionment requirements for the Oklahoma

Tax Commission and Office of Management and Enterprise Services

Joint Computer Enhancement Fund provided by Section 265 of this

title, and further subject to the apportionment requirement provided

in subsection D of this section, shall be apportioned as follows:

1. Except as provided in subsection C of this section, the

following amounts shall be paid to the State Treasurer to be placed

to the credit of the General Revenue Fund to be paid out pursuant to

direct appropriation by the Legislature:

Fiscal Year

Amount

FY 2003 and FY 2004

86.04%

Oklahoma Statutes - Title 68. Revenue and Taxation

FY 2005

85.83%

FY 2006

85.54%

FY 2007

85.04%

FY 2008 through FY 2022

83.61%

FY 2023 through FY 2027

83.36%

FY 2028 and each fiscal year thereafter

83.61%;

2. The following amounts shall be paid to the State Treasurer

to be placed to the credit of the Education Reform Revolving Fund of

the State Department of Education:

a.

for FY 2003, FY 2004 and FY 2005, ten and forty-two

one-hundredths percent (10.42%),

b.

for FY 2006 through FY 2020, ten and forty-six onehundredths percent (10.46%),

c.

for FY 2021:

(1) for the month beginning July 1, 2020, through the

month ending August 31, 2020, ten and forty-six

one-hundredths percent (10.46%), and

(2) for the month beginning September 1, 2020,

through the month ending June 30, 2021, eleven

and ninety-six one-hundredths percent (11.96%),

d.

for FY 2022 and each fiscal year thereafter, ten and

forty-six one-hundredths percent (10.46%);

3. The following amounts shall be paid to the State Treasurer

to be placed to the credit of the Teachers’ Retirement System

Dedicated Revenue Revolving Fund:

Fiscal Year

Amount

FY 2003 and FY 2004

3.54%

FY 2005

3.75%

FY 2006

4.0%

FY 2007

4.5%

FY 2008 through FY 2020

5.0%

FY 2021:

a.

for the month beginning July

1, 2020, through the month

ending August 31, 2020

5.0%

b.

for the month beginning

September 1, 2020, through

the month ending June 30,

2021

3.5%

FY 2022

5.0%

FY 2023 through FY 2027

5.25%

FY 2028 and each fiscal year thereafter

5.0%;

4.

a.

except as otherwise provided in subparagraph b of this

paragraph, for the fiscal year beginning July 1, 2022,

and for each fiscal year thereafter, eighty-seven onehundredths percent (0.87%) shall be paid to the State

Treasurer to be further apportioned as follows:

Oklahoma Statutes - Title 68. Revenue and Taxation

(1)

twenty-four percent (24%) shall be placed to the

credit of the Oklahoma Tourism Promotion

Revolving Fund, but in no event shall such

apportionment exceed Five Million Dollars

($5,000,000.00) in any fiscal year,

(2) forty-four percent (44%) shall be placed to the

credit of the Oklahoma Tourism Capital

Improvement Revolving Fund, but in no event shall

such apportionment exceed Nine Million Dollars

($9,000,000.00) in any fiscal year, and

(3) thirty-two percent (32%) shall be placed to the

credit of the Oklahoma Route 66 Commission

Revolving Fund, but in no event shall such

apportionment exceed Six Million Six Hundred

Thousand Dollars ($6,600,000.00) in any fiscal

year, and

b.

any amounts which exceed the limitations of

subparagraph a of this paragraph shall be placed to

the credit of the General Revenue Fund; and

5. For the fiscal year beginning July 1, 2015, and for each

fiscal year thereafter, six one-hundredths percent (0.06%) shall be

placed to the credit of the Oklahoma Historical Society Capital

Improvement and Operations Revolving Fund, but in no event shall

such apportionment exceed the total amount apportioned pursuant to

this paragraph for the fiscal year ending on June 30, 2015. Any

amounts which exceed the limitations of this paragraph shall be

placed to the credit of the General Revenue Fund.

B. Provided, for the fiscal year beginning July 1, 2007, and

every fiscal year thereafter, an amount of revenue shall be

apportioned to each municipality or county which levies a sales tax

subject to the provisions of Section 1357.10 of this title and

subsection F of Section 2701 of this title equal to the amount of

sales tax revenue of such municipality or county exempted by the

provisions of Section 1357.10 of this title and subsection F of

Section 2701 of this title. The Oklahoma Tax Commission shall

promulgate and adopt rules necessary to implement the provisions of

this subsection.

C. From the monies that would otherwise be apportioned to the

General Revenue Fund pursuant to subsection A of this section, there

shall be apportioned the following amounts:

1. For the month ending August 31, 2019:

a.

Nine Million Six Hundred Thousand Dollars

($9,600,000.00) to the credit of the State Highway

Construction and Maintenance Fund created in Section

1501 of Title 69 of the Oklahoma Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

Oklahoma Statutes - Title 68. Revenue and Taxation

created in Section 309 of Title 66 of the Oklahoma

Statutes;

2. For the month ending September 30, 2019:

a.

Twenty Million Dollars ($20,000,000.00) to the credit

of the State Highway Construction and Maintenance Fund

created in Section 1501 of Title 69 of the Oklahoma

Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

created in Section 309 of Title 66 of the Oklahoma

Statutes;

3. For the month ending October 31, 2019:

a.

Twenty Million Dollars ($20,000,000.00) to the credit

of the State Highway Construction and Maintenance Fund

created in Section 1501 of Title 69 of the Oklahoma

Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

created in Section 309 of Title 66 of the Oklahoma

Statutes;

4. For the month ending November 30, 2019:

a.

Twenty Million Dollars ($20,000,000.00) to the credit

of the State Highway Construction and Maintenance Fund

created in Section 1501 of Title 69 of the Oklahoma

Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

created in Section 309 of Title 66 of the Oklahoma

Statutes; and

5. For the month ending December 31, 2019:

a.

Twenty Million Dollars ($20,000,000.00) to the credit

of the State Highway Construction and Maintenance Fund

created in Section 1501 of Title 69 of the Oklahoma

Statutes, and

b.

Two Million Dollars ($2,000,000.00) to the credit of

the Oklahoma Railroad Maintenance Revolving Fund

created in Section 309 of Title 66 of the Oklahoma

Statutes.

D. For fiscal year 2029, and each subsequent fiscal year, Fifty

Million Dollars ($50,000,000.00) shall be placed to the credit of

the Oklahoma Capital Assets Maintenance and Protection Fund created

in Section 2 of this act.

Added by Laws 1981, c. 313, § 2, emerg. eff. June 29, 1981. Amended

by Laws 1982, c. 244, § 1; Laws 1983, c. 183, § 3, emerg. eff. June

9, 1983; Laws 1984, c. 2, § 1, emerg. eff. Feb. 15, 1984; Laws 1985,

c. 179, § 85, operative July 1, 1985; Laws 1987, c. 5, § 142,

operative March 31, 1987; Laws 1996, c. 269, § 3, eff. June 1, 1996;

Oklahoma Statutes - Title 68. Revenue and Taxation

Laws 1999, c. 254, § 8, eff. June 30, 1999; Laws 2002, c. 482, § 1,

eff. July 1, 2002; Laws 2003, c. 3, § 58, emerg. eff. March 19,

2003; Laws 2005, c. 479, § 11, eff. July 1, 2005; Laws 2006, 2nd Ex.

Sess., c. 44, § 17, eff. July 1, 2007; Laws 2007, c. 105, § 3, eff.

Nov. 1, 2007; Laws 2007, c. 366, § 3, eff. Nov. 1, 2007; Laws 2008,

c. 3, § 34, emerg. eff. Feb. 28, 2008; Laws 2008, c. 278, § 8, eff.

July 1, 2008; Laws 2010, c. 466, § 1, eff. July 1, 2010; Laws 2012,

c. 304, § 540; Laws 2015, c. 349, § 1, eff. July 1, 2015; Laws 2018,

c. 303, § 1, emerg. eff. May 10, 2018; Laws 2019, c. 446, § 1,

emerg. eff. May 24, 2019; Laws 2020, c. 15, § 1, eff. Sept. 1, 2020;

Laws 2021, c. 490, § 1, eff. July 1, 2021; Laws 2021, c. 563, § 3,

emerg. eff. May 28, 2021; Laws 2022, c. 412, § 3, eff. July 1, 2022;

Laws 2023, c. 290, § 2, eff. July 1, 2023; Laws 2024, c. 441, § 4,

eff. July 1, 2024.

NOTE: Laws 2002, c. 458, § 6 repealed by Laws 2003, c. 3, § 59,

emerg. eff. March 19, 2003. Laws 2007, c. 136, § 2 repealed by Laws

2008, c. 3, § 35, emerg. eff. Feb. 28, 2008.